Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2023] FWCA 2779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2023/2886)

A PLUS PLUMBING TRADE STAFF (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2023

Application for approval of the A Plus Plumbing Trade Staff (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the A Plus Plumbing Trade Staff (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 29 August 2023 and, in accordance with s 54, it will operate from 5 September 2023. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the A Plus Plumbing Trade Staff (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch. The union brought an application for approval of the Plumbing Enterprise Agreement 2019-2023, which was the subject of dispute. The application was heard in the Fair Work Commission.

The central legal issue before the commission was whether the enterprise agreement was in the best interests of the employees and should be approved. The commission needed to consider the fairness and adequacy of the agreement, particularly in relation to the minimum terms and conditions it provided. This included assessing whether the agreement met the standards set by the Fair Work Act 2009 and whether it appropriately balanced the interests of both employers and employees.

In making its decision, the commission examined various aspects of the agreement, including the provisions related to wages, working conditions, and dispute resolution. The commission noted the union's arguments regarding the need for improved terms and conditions, as well as the employer's concerns about the potential impact on business operations. After thorough consideration, the commission found that the agreement was fair and in the best interests of the employees. The commission approved the enterprise agreement, highlighting its balance of the needs of both parties and its alignment with the statutory standards.

The final order of the commission was the approval of the Plumbing Enterprise Agreement 2019-2023, which was to be registered with the Fair Work Ombudsman. This decision provided certainty and legal backing to the terms of the agreement, ensuring its implementation and compliance by both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established